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Thank you for your post. Please permit me to assist you with your concerns.This may depends on where you reside. If I may ask, where do you live? Also, did you ever put yourselves forth as married, or tell others that you were married, or filed tax returns together? Did the other partner ever promise or state that you would be cared for financially if you go your separate ways? Please advise.

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Customer reply replied 3 years ago

Reside in Colorado. We were presented as life partners, she specifically stayed away from husband and wife titles, although everyone else saw us that way. She was very careful not to do anything in a joint way. I am a disabled veteran and she took care of me, I own nothing though I have contributed finically. The promises were that we would always be together, I just accepted that. There is a written will promising me the house and cars, all of which are paid for.In fact it was the written will which did not include me as a life partner prompted this divorce.

I see. To be honest, your location does make your options a bit more available, which is generally not an expected outcome in your situation. You happen to reside in one of the few remaining &#39;common law&#39; marriage states, meaning that you can argue, potentially, that you are married. As per the Colorado Attorney General&#39;s Office web site, a common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. Only death or divorce can terminate it. The common-law elements of a valid marriage are that the couples (1) are free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) hold themselves out as husband and wife; (3) consent to the marriage; (4) live together; and (5) have the reputation in the community as being married. The single most important element under the common law was the mutual consent of a couple presently to be husband and wife. All the rest were considered evidence of this consent or exchange of promises. No time requirement exists other than the time necessary to establish these circumstances. When proof of common law marriage is required, such as by an insurance company, a signed affidavit can be presented. If you put yourselves forth as married, you may be able to argue marriage, and therefore potentially alimony and support. The promise to be together is not actionable or enforceable, but if you acted as married, you can argue that you are married and therefore entitled to benefits. Otherwise, unless the other person expressly and directly promised support, you wouldn&#39;t be entitled to any. Sincerely, ***** *****

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).